3. Reading Bus lane PCN
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Author Topic: Reading Bus lane PCN  (Read 1455 times)

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Re: Reading Bus lane PCN
« Reply #15 on: »
Quote from: bobthesod on October 04, 2023, 04:37:53 pm
.....
It looks like the decision rests on the adjudicators view of when day 1 starts?
....

When day 1 starts is absolute and well defined.
Which is more then can be said about Reading's PCNs.
It's whether an adjudicator will agree that the PCN timing is wrong and prejudicial to the unwary recipient.

If CP takes on the appeal hearing, should it get that far, at least the adjudicator will listen and take it seriously
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Re: Reading Bus lane PCN
« Reply #16 on: »
CP

I saw her today and explained that if the appeal fails that i would pay the additional 35.00 so she will only pay pay.35.00
Hopefully i wont be 35.00 lighter and so will she.

Whats the procedure from here?
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Re: Reading Bus lane PCN
« Reply #17 on: »
Quote from: bobthesod on October 05, 2023, 04:28:52 pm
CP

I saw her today and explained that if the appeal fails that i would pay the additional 35.00 so she will only pay pay.35.00
Hopefully i wont be 35.00 lighter and so will she.

Whats the procedure from here?

It will be challenge the PCN and then, should that be rejected, Appeal to the Traffic Penalty Tribunal.
CP was checking camera details and has offered to represent so I will defer to him if you want to take him up on his offer.

Any update on why she was in the bus lane...while technical issues can be winners, a reason for the contravention is always good.
« Last Edit: October 05, 2023, 10:28:47 pm by DancingDad »
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Re: Reading Bus lane PCN
« Reply #18 on: »
Quote from: DancingDad on October 05, 2023, 10:26:59 pm
Any update on why she was in the bus lane...while technical issues can be winners, a reason for the contravention is always good.
This would be useful.

I'll draft a technical challenge over the next couple of days, but knowing why she was in the bus lane would be useful.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Reading Bus lane PCN
« Reply #19 on: »
cp

had a  word with her today. at least she was honest and 'didnt know it was a bus lane!' 

The only mitigation is that she very rarely visits Reading..in  fact if she is like me i havent driven in Reading since pre covis..and it is only 15 miles away
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Re: Reading Bus lane PCN
« Reply #20 on: »
Draft representation:

Dear Reading Borough Council,

I challenge the PCN on the grounds that it is a defective document, because the council claims that if the penalty charge is not paid or challenged then a charge certificate "will" be issued, while under the regulations it can only state that a charge certificate "may" be issued. I refer you to the easons given by the Traffic Penalty Tribunal in the decisions at LINK1, LINK2, LINK3 and LINK4.

It follows that in light of that procedural impropriety, the PCN must be cancelled.

Yours faithfully,

I will PM you the links to put in the representation, they will redirect to Anthony Hall v Kent County Council (with Tunbridge Wells BC) (KU-00042-1810, 07 December 2018), Claire Jones v Cheshire West and Chester Council (AW00056-1811, 19 December 2018), David Chapman v Portsmouth City Council (PO00086-1811, 09 January 2019) and Ammar Abdul Hadi v Coventry City Council (CV00067-1902, 05 April 2019) but if you give them the links I'll PM you, we can use the click count to confirm whether they've looked at them or not (obviously do not click on the links I PM you as we want the click count to remain at zero). If they don't click on them, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Reading Bus lane PCN
« Reply #21 on: »
thanks

Just a quick question

Do i copy and paste the links  to the bottom of the appeal?
I dont want to make an error
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Re: Reading Bus lane PCN
« Reply #22 on: »
Personally I would include that the document is flawed in that it fails to correctly specify the mandatory time periods for payments and challenge
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Re: Reading Bus lane PCN
« Reply #23 on: »
Quote from: bobthesod on October 09, 2023, 09:52:58 am
thanks

Just a quick question

Do i copy and paste the links  to the bottom of the appeal?
I dont want to make an error


CP has shown you in post Reply#20 precisely where to put the unopened links - replace 'LINK 1' by link 1 and so on.

By the way, 'tis not an appeal, it's a represenation - appeal is the next stage if/when Reading reject.
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Re: Reading Bus lane PCN
« Reply #24 on: »
Reply from the council:

Camera Type: LaneWatch Unattended Enforcement Camera LW Mk2 / MAV 52
Manufacturer: Yunex Traffic (Previously named Siemens & Zenco)
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Reading Bus lane PCN
« Reply #25 on: »
CP

Thanks for the update.

Letter has gone off today with proof of posting  just as written with the four links copy and pasted
in the body

Will keep you advised

Thanks for the assistance so far. really appreciated



 
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Re: Reading Bus lane PCN
« Reply #26 on: »
Quote from: bobthesod on October 16, 2023, 02:21:02 pm
Letter has gone off today with proof of posting  just as written with the four links copy and pasted
in the body
@bobthesod Letter? You can't click a link in a letter, you were meant to send the representations online via the council website?!??

I suggest you resubmit now via the website and get a screenshot of the confirmation page.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Reading Bus lane PCN
« Reply #27 on: »
Ooops!!

Have sent email to Reading with the links inserted  as per your letter

They did ask for supporting documentation  and there was a box to add files

Should the links also have gone in there  as well as a belt and braces move?



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Re: Reading Bus lane PCN
« Reply #28 on: »
Quote from: bobthesod on October 17, 2023, 09:21:30 pm
Should the links also have gone in there  as well as a belt and braces move?
No, as long as they're there they can open them.

Did you get a screenshot of the confirmation page?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Reading Bus lane PCN
« Reply #29 on: »
Yes

Screenshot saved..
On the upside they should have it twice  post and email!

Now to wait
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